HOUSTON - A law student who went to court over his troubles passing the Texas Bar exam has lost his lawsuit claiming the test does not test his readiness to practice law.
Houston federal magistrate judge Dena Palermo on Feb. 3 dismissed Travis Alford's case, which named as defendants the Texas Board of Law Examiners, Gov. Greg Abbott, the State Bar and Attorney General Ken Paxton.
Those parties were entitled to sovereign immunity, Palermo wrote, and any further amending of Alford's case would be futile.
"Congress has not abrogated states' sovereign immunity from suit for Section 1983 (civil rights) claims," Palermo wrote.
"Nor has Plaintiff shown a waiver of sovereign immunity. Consequently, his claims are barred by the Eleventh Amendment."
Alford filed his own case in May 2024. It complained that he spent $2,160 taking the Bar five times and borrowed more than $200,000 for his education all went for nothing after he was told he would not be able to take the test again.
His tests took place from 2015-2017. A letter after the fifth said he could not take it again unless he could show good cause why, "thereby stopping Plaintiff from earning a living as an attorney."
A task force created in 2016 led to changes in the Bar exam, but Alford says the same flawed questions remain. Part of the test is the Multi-state Bar Exam, which made up either 40% or 50% of the overall Texas test when Alford took it.
"(T)he task force questioned the value of the MBE in testing an examinee's readiness to practice law," Alford's complaint says.
"The task force expressed a concern that placing a greater reliance on multiple-choice questions might work to the detriment of certain demographic groups who may perform better on other kinds of exams."
Alford said he spent eight years trying to prepare for and pass a test that did not test his readiness to practice law. He sought a license to practice law and the amount of his student loans in his case, plus another $25 billion in consequential and punitive damages.